Lt Gen Rath withdraws petition against his court martial

Lt Gen P K Rath, former commander of 33 Corps of the Army, today withdrew his petition against his court martial in the Sukna land scam from the Armed Forces Tribunal here.

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PTI

New Delhi

February 25, 2010

UPDATED: February 25, 2010 13:41 IST

Lt Gen P K Rath, former commander of 33 Corps of the Army, on Thursday withdrew his petition against his court martial in the Sukna land scam from the Armed Forces Tribunal here.

Giving reasons for the move, Rath's counsel Ajit K Singh said his client withdrew the petition as the Tribunal has already ordered reconvening of the court of inquiry (COI) in the case allowing Lt Gen (retd) Avadesh Prakash, former Military Secretary, to cross examine six witnesses.

"During the COI and the cross-examination by Prakash, we will also get the opportunity to present our side. So, we will wait for the outcome of the COI and then take further decision," he told PTI.

Asked if the reconvening of the COI would delay court martial proceedings against him also, Singh said, "Nothing can proceed until the COI is over as we are also part of it."

He said if required, the petition can be filed again after the COI proceedings in the case are over.

Rath's petition in the Delhi High Court, in which he had contended that he had been singled out in the case and the "offence" against him had been "prejudged", was dismissed on jurisdiction issue earlier this month. Thereafter, he had moved to the Principal Bench of the AFT here.

Singh said the petition before the AFT was on the lines of the one filed by Rath in the Delhi High Court.

The Eastern Command, headed by Army Chief-designate Lt Gen V K Singh, had initiated the COI against Gen Rath after the Cabinet Committee of Appointments had approved his elevation as Deputy Chief of Army Staff, Rath said in his petition.

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